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Home My WebLink AboutMD Packet 1-16MD 1-lCo NOTICE OF EXEMPTION T0: County Clerk COUNTY OF KERN 1415 Truxtun Avenue Bakersfield, CA 93301 Appendix I Project Title: Addin Territory (Area 1-16. Palm, Spanke) to the Consolidated Maintenance District. Project Location-Specific: eg nerally bounded by Palm Avenue on the north, a Iline 1/4 mile east of Jewetta Avenue on the east. a line 1l4 mile south of PalmAvenue on the south and a line 660 feet east of Jewetta Avenue on the west. Project Location-City: Bakersfield Project Location-County: Kern Description of Project: Maintenance of public street and median IandscapinTprovements. Name of Public Agency Approving Project: CITY OF BAKERSFIELD Name of Person or Agency Carrying Out Project: DEPARTMENT OF PUBLIC WORKS Exempt Status: (Check One) _ Ministerial (Sec. 21080 (b) (1); 15268 (a); _ Declared Emergency (Sec. 21080 (b) (4); 15269 (b) (c); _ Emergency Project (Sec. 21080 (b) (4); 15269 (b) (c); x Categorical Exemption. State type and section number. Section 153050 _ Statutory Exemptions. State code number. Reasons why project is exempt: Minor alteration inland use limitations with addition of territory to an existina Maintenance District, CEQA guideline, City of Bakersfield Resolution No. 212-92. Lead A enc ~ ~ ~~ ' ._, '. 9 Y ~ ~~~-.~ ~~. ` Contact Person: Marian Shaw Area CodelTelephonelExtension:(805) 326-3519 ~ ~:~I~`~~ ;~... ~,~ ;', ~ S ~,. S If filed by applicant: 1. Attach certified document of exemption finding. :„ 1 ~~ w ,. u . ~ ~ t ; .. , hl .~., w" ~ r ~1 2. Has a Notic of xemption been filed by the public agency approving the project? Yes x No Signature: Date: ~ ~ ' Title: x Signed by Lead Age y Date received for filing at OPR: x Signed by Applicant ,,.,. 4 ~~~e~ ~~ ~unt~ ~~rk an ~~r~ ~~~ ~y ~h~r~~~~er~ ~~~~~~~~ ~~ ~, JuIY Za, 1998 telstar engineering inc Mr. John Stinson Department of Public Works City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 Re: Tract No. 5684, Phases 1 and 2 Annexation to Maintenance District File No. 98-103, 105 Job Dear John: Enclosed, herewith, please find the following: 1. Computer Disc for Tract No. 5684, Phase 1, and Tract No. 5684, Phase 2. 2. Check for fees in the amount. of $1,508 ($1,400 + $3/Lot) . 3. Waiver letter from the developer for hearing. Please telephone me if you have any questions. Sincerely, TELST ENGINEERING, INC. Carl R. Moreland CRM/lp ~5684~maint.103 enc: as noted cc: Carriage Homes 5301 office park drive, suite 125 bakersfield, California 93309 (805) 327-5043 FAX; 327-3283 engineering planning surveying CARRfA6E BIOMES P. O. Box 2353 BarrEtrsFrEZn, Cn. 93303 July 24, 19~8- City of Bakersfield Public ~vo~rks~ Department 1501 Truxtun Avenue Bakersfield; CA 93-301 Attn: Marian P. Shaw (805) 837-9581 FAX (805) 837-9584 Regarding: lnclt~sion of Tract 5684 Phases-18~ 2 in- a-~a~tenance~ District Gentlemen: `ve, tbennder-signed, as owners-af 'f rao~ 5654- Ph~~e~ ~~ and-~2 her-eby waive o~~ right- t~- an~~l and all . hearings. whether pursuant to the Brown Act, Proposition 218, its enabling legislation, the Bake~s~i~l~~ 1Vl~nicipal Code, o~ and ath€~ law}-~oncerr~~ t~~fvation~ of and-.assessn~ents~for a g landscape .maintenance district. - V-~e also waive ail- rights under~Prapositi~-218-to~~fo~~l-y.vate~ for~t~€se~ assessments- and; b~ ~~ s' 'n Y ~~ g this letter, indicate our consent. to the above assessments. verT.t~l-y y~urs~ /~ Wayne aughn Sr. Presid MAP AND ASSESSMENT DIAGRAM FOR ADDmON OF TERRITORY CAREA 1-16 PALM SPANKED TO THE CONSOLIDATED MAINTENANCE DISTRICT BAKERSFIELD, CALIFORNIA I I I NOT TO SCALE C.L. JEWETTA AVE. I `--------------------------- ------ 456.26' S 89' 10' 57" E 8 , „ ~ ~ -~-- PALM AVENUE °' I 15 16 17 18 2 w 3 W o ~ 3 ~ N b 14 13 12 11 o 0 z ~ ~ 4 rn -~~~9,~- E 9~ T 5 I 7 g 9 10 6 .~ i 5 4 3 2 1 I DISTRICT BOUNDARY w 6 p.q.~ ~I~ V - 0 0 0 z 3 8 7 13 14 15 16 N N ~ ~ N m I I ~ BIRCHHAVEN AVE UE 0 -~ - 12 17 Q iV n I f0 I ~ WI 9 10 11 18 ~i (,~I __ ------- - ~~yIT LABARGER ROAD ., -~i 655.54' N 89' 10' 57" W ~` WI ---- C~' FILED IN THE OFFICE OF THE CITY CLERK THIS DAY OF . 19_. CITY CLERK OF THE CITY OF BAKERSFIELD, CALIFORNIA AN ASSESSMENT WAS LEVIED BY THE CITY COUNCIL ON THE LOTS, PIECES AND PARCELS OF LAND SHOWN ON THIS ASSESSMENT DIAGRAM. SAID ASSESSMENT WAS LEVIED ON THE DAY OF . 19_; SAID ASSESSMENT DIAGRAM AND THE ASSESSMENT ROLL WERE RECORDED IN THE OFFICE OF THE DEPARTMENT OF PUBLIC WORKS OF SAID CITY ON THE DAY OF . 19_. REFERENCE IS MADE TO THE ASSESSMENT ROLL RECORDED IN THE OFFICE OF THE DEPARTMENT OF PUBLIC WORKS FOR THE EXACT AMOUNT OF EACH ASSESSMENT LEVIED AGAINST EACH PARCEL OF LAND SHOWN ON THIS ASSESSMENT DIAGRAM. FILED FOR RECORD THIS DAY OF 19_, AT _.M., IN BOOK OF ASSESSMENT DISTRICTS AT PAGE IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF KERN, STATE OF CALIFORNIA. JAMES W. MAPLES COUNTY ASSESSOR-RECORDER BY CHIEF DEPUTY RECORDER RECORDED IN THE OFFICE OF THE DEPARTMENT OF PUBLIC WORKS THIS DAY OF . 19_ DIRECTOR OF PUBLIC WORKS BAKERSFIELD, CALIFORNIA CITY CLERK OF THE CITY OF BAKERSFIELD, CALIFORNIA EXHIBR 'B' FILE: OOOOJOHN SHEET 1 of 1 Recording requested by and for the benefit of the City of Bakersfield. When recorded mail to: City of Bakersfield City Clerk's Office 1501 Truxtun Avenue Bakersfield, CA 93301 THIS SPACE FOR RECORDER' S USE ONLY Tract No. 5684 Phase 2 Lot Nos. 1 through 18 COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT THIS COVENANT is executed on this day of ,199_, by Carriage Homes, a California Corporation, (hereinafter, "Owner"), in connection with the Consolidated Maintenance District, located in the City of Bakersfield, California. The real property herein described is located within Street Tier 1 of the Consolidated Maintenance District, and maybe assessed for maintenance of public landscaping on public rights-of way within the district. Although this property may have been assessed a lesser amount in the present tax year, the ultimate estimated annual assessment for maintenance of public landscaping based on full buildout of this district, is $100.00 per single family dwelling, based on 1998 dollars and labor costs of the district. This covenant may not be amended or modified without the prior approval of the City of Bakersfield. This covenant shall run with the land. Dated this day of 199 Owner(s)/Developer(s): City of Bakersfield: Carriage Homes a California Corporation Raul M. Rojas Public Works Director NOTE: All owner(s)/developer(s) signatures must be notarized. S:IPROJIMDICOVIST .~~1, `'~'~. ~ BA K~~ ~O `~~ORPOR~p~,o ~~ ~, ti U d ~~^i,~ c`~LIFOR~~ MEETING DATE: October 7,1998 AGENDA SECTION: Consent Calendar ITEM: T0: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: September 23,1998 CITY MANAGER SUBJECT: Resolution of Intention No. 1119 declaring the City's intention to add territory (Area 1-16, Palm, Spanke) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 4) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: A written request has been received by the City Engineer from the subdivider of Tract 5684 Phases I & II to form a maintenance district or to be included into an existing maintenance district as required by section 13.04.021 of the Municipal Code. This district will provide for the maintenance of public street landscaping. Staff recommends the addition of territory (Area 1-16, Palm, Spanke} generally bounded by Palm Avenue on the north, a line 114 mile east of Jewetta Avenue on the east, a line 114 mile south of Palm Avenue on the south and a line 660 feet east of Jewetta Avenue on the west, to the Consolidated Maintenance District. This area will be under the street and median zone of benefit and when street landscaping has been installed, assessed an amount for "Tier 1 ". Staff is recommending the new territory be added to the Consolidated Maintenance District at the next~City Council meeting. The City of Bakersfield has received a letter from the owners of the property described in Tract 5684 Phases I & II which waives the public hearing concerning the formation of and assessments for a maintenance district. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdividerldeveloper to be recorded with the Tract Maps. A copy of this covenant is attached for reference. S:1ProjIMDlAdminlMD1-16ri APPROVED DEPARTMENT HEAD CITY ATTORNEY September 22,1998, 3:35PM RESOLUTION OF INTENTION N0.1179 A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, (AREA 1-16, PALM, SPANKE), TO THE CONSOLIDATED MAINTENANCE DISTRICT, PRELIMINARILY ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT, THE BOUNDARIES OF THE ADDITION, THE FAIRNESS OF THE BENEFIT FORMULA,. AND. THE AMOUNT OF ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL. WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield provides.for an alternative procedure by which .the City Council may provide for the a merit of the whole or an art of the costs. and- expenses of maintaining and pY Yp o eratin an ublic improvements which are local in nature, from annual. ,benefit p g Yp assessments apportioned among the several Tots or parcels of property within the maintenance district established therefor; and WHEREAS, the ,roe owners}has requested the City Council to establish p p ttY ( a maintenance district in accordance wi#h the procedures established therefor by. Chapter 1.3.04 of Title 13 of the Munici al .Code of the City of Bakersfield and the .Public Works p Director recommends addition of territo to the Consolidated Maintenance District; and WHEREAS, it is the intention of -the City Council of the City. of Bakersfield to ry( p } add territo Area 1-16, Palm, S anke to the Consolidated Maintenance District, said area is generally described, in. Exhibit "A" attached .hereto, to .maintain and operate. the.. local im rovements including public street landscaping; and p WHEREAS,. the Public Works. Director has on this date filed with the .Clerk of said Council his Re ort attached hereto and incorporated herein by reference as Exhibit p , "1 ", containing. the following:. . a a descri tion of the bounda of the, additional territory, attached O p ~ hereto as Exhibit. "A"and incorporated as though fully set forth; b the im rovements to be maintained by this addition specifically,are O p various items included within the boundaries as shown on Map and Assessment Dia ram, Exhibit "B," on file in the offices of the City 9 Clerk and Public Works Director of the City; (c) the Benefit Formula set forth as Exhibit "C"; -1- HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on - , by the following vote: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield BOB .PRICE. MAYOR of the City of Bakersfield APPROVED as to form: ROBERT M. SHERFY ACTING CITY ATTORNEY of the City of Bakersfield S,IPROJECTSIMAINDISTIROIIMD1-16ri Attachments: Exhibit "1" Exhibit "C" Exhibit "A" Exhibit "D" Exhibit "B" Exhibit "E" ~ ~ r For many years, public parks, public street median and other public street landscaping improvements in the City were maintained through traditional tax revenues. After Proposition 13, in 1978, funds available for maintenance and operation of parks, street median and other street landscaping improvements were substantially reduced. At present, the City's budget does not allow for maintenance and operation of street landscaping improvements of the type described above. Thus, without funds for maintenance and operating costs from a source other than general tax revenues, the City does not permit new public parks, street median and other street landscaping improvements to be constructed within the City. Additional territory (Area 1-16, Palm, Spanke} is being added to the Consolidated Maintenance District for the maintenance of public street median and other street landscaping. The area will be assigned an appropriate tier in the Consolidated Maintenance District so that each parcel will be assessed the same amount as other parcels receiving a similar benefit. All parcels within this area will have a zero assessment for the 1998-99 fiscal year as shown in Exhibit "E". When landscape improvements have been completed, it is expected to be placed in street tier 1. The estimated maximum cost for residential development is $100.00 per Equivalent Dwelling Unit based on full buildout of the benefit area at existing zoning, using 1998 dollars and 1998 Parks Department maintenance and overhead costs. The area will consist of Residential use, thus all parcels within the area will be affected. Sensory benefits from installing street landscaping are aesthetic enhancement and open space enjoyment. Public median and street landscaping will benefit all the lots or parcels and will be assessed on an E uivalent Dwellin Unit basis throughout the area. The Benefit q g Formula is set forth herein as Exhibit "C" and attached hereto and incorporated in this resolution as though fully set forth herein. _2_ LEGAL DESCRIPTION Area 1-16 A arcel of land situated in the City of Bakersfield, County of Kern, State of California, being a p portion of Section 30, T 29 S, R 27 E, M. D.B. & M., and more particularly described as follows: Commencin at the west uarter corner of said Section 30, said point also being the g q intersection of centerlines of Jewetta Avenue and Palm Avenue; THENCE (1) South 89 ° 10' S 7" East, along the mid section line of said Section 30 and centerline of Palm Avenue, a distance of 656.26 feet, to the TRUE POINT OF BEGINNING; THENCE 2 Continuin South 89 ° 10' S 7"East, along said mid section line and centerline, O g a distance of 656.26 feet; THENCE (3) South 00° 52' 02" West, a distance of 1320.64 feet; THENCE (4) North 89°. 08' S6" West, a distance of 655.54 feet; THENCE (5) North 00° 50' 11" East, a distance of 1320.25 feet, to intersect the mid section line of said Section 30 and the TRUE POINT OF BEGINNING. EXHIBIT "A" SIPROJIMDILEGALSILega11-16 CONSOLIDATED MAINTENANCE DISTRICT CITY OF BAKERSFIELD BENEFIT FORMULA Each parcel in the Street Landscaping Zone of Benefit shall be assessed the amount as defined in (1) below: Each parcel in the Park Zone of Benefit shall be assessed the amount as defined in (2) below: Each parcel in the Street and Park Zone of Benefit shall be assessed the sum of the amounts as defined in (1) and (2) below: ~ ,.. (1) shall equal the dollar amount budgeted for the maintenance and operation of the STREET LANDSCAPING (S) within the district, adjusted for prior year fund balance or deficit; Multiplied by (a): The number of Equivalent Dwelling Units (EDU's}for the parcel, and; Multiplied by (t): The factor for the tier level, which equals the street tier number, and; Divided by (b}: The total number of street EDU's in the district. (1) = Sxaxt b NOTE: Undevelo ed residential and commercial. parcels with no existing adjacent median _____ p or street landscaping shall be assessed one-half the number of EDU's for that parcel. Undevelo ed industrial arcels with no existing adjacent median or street landscaping shall p p be assessed one-fourth the number of EDU's for that parcel. In the Berkshire area (3-06} and the Hocking, South H area (5-03), only subdivided parcels will be assessed for street landscaping... 2 shall be the dollar amount budgeted for the maintenance and operation of ~) the PARKS P within the district, adjusted for prior year fund balance or ~) deficit; Multiplied by (a): The number of EDU's for the parcel, and; Multiplied by (t}: The factor for the tier level, which equals the park tier number, and; Divided by (b}: The total number of park EDU's in the district. ~2) = Pxaxt b EXHIBIT "C" Page 1 of 4 EDU EXCEPTIONS Several exceptions have been made to the base EDU rates in the areas listed below due to commitments made at the time of formation of the original districts. USE EDU REMARKS Polo Grounds Undeveloped R-1 zoned 3.28/acre Rounded down to the 5 acres or more. nearest whole number. (Per condition of Annexation) Parkside Villaae Single Family Dwelling Unit (Vineyard) Multi-Family Dwelling Unit (Shores) Multi-Family Dwelling Unit (Edgewater, Brookhaven, Springs) Non Residential (Castle & Cooke) Non Residential (.Parkside Partners) Brimhall & Verduao. Seven OaksL North & South Undeveloped R-1 zoned 5 acres or more California Avenue Non Residential 1.0 0.86/unit 0.58/unit 24.26 7.56 3lacre 1.0 Per parcel plus 0.9 EDU's per 100 feet of California Ave. frontage EXHIBIT "C" Page 3 of 4 EXHIBIT "D" MAINTENANCE DISTRICT AREA 1-16 Said assessment is made in accordance with the benefit formula attached hereto. 1998 -1999 BUDGET Gross Budget Amount Required $0.00 (City Staff Services or Contract, Supplies, Materials and Utilities) ..Estimated. Beginning Fund Balancel~Deficit~ $0.00 Less: Cit Contributions Y $0.00 NET AMOUNT To BE ASSESSED $0.00 EXHIBIT "D" CARRIAGE HOMES P. O. Box2353 (805) 837-9581 B.ut~nsF~eLn, Ca. 93303 FAX (805) 837-9584 July 24, ~ 9~8- City of Bakersfield Public Works Departnnent 1501 Truxtun Avenue Bakersfield; CA 93301 Attn: Marian P. Shaw Regarding: Inclusion of Tract Sb84~ Phases- ~ 8~ 2 ins a~-11~aintenance~ District Gentlemen: We, the undersigned, as owneFS~ol"TFact- 5684-Ph~~e~.I, an~~~2 hereby waive our- right~to~ an~r and all hearings (whether pursuant to the Brown Act, Proposition 21 S, its enabling .legislation, the Bakersfield Municipal Code, of any other law} . conEer~ng thg ~o~nation~ of and-~ assessments ~ for a landscape maintenance district. 'V~e also waive all rights underProposition~~21~8-to~~fo~:y vote for these. ~ssessn~ents-and; by signing . ~ : this letter, indicate our consent to the above assessments. Very ~ truly yours, o_/ Wayne aughn Sr. Presid 1 '~ . '~; ..., `s ~ . A N ~ .,..,~ f :, ~ ~ .~ .,: I I o~ ~ ``~f• ~ ~"" j~. ~ j ~ ~ ~ ~ ~ ~ CC ~C ~~ ~ o .. o e 'gyp ~ ~ ~ t,~ ~ ~ Q . ~ ~ ~' KKa ~u~~ . ---~-- ~ .. ~ . k ~ N o ~ ' ~ V ~ ~ ti ~ h ~ ~ ~ ~ ~ ~ ~d p ~ o~ ~g':~ ° . Z ~/ ~ . . o 0 ~ ~ i ~~ ~ ~ac r~ • b (/~ . z ` ~ ``~ ~ ' ~ ~ ~ .. ,_o z°°~°~ ~ s ~: 1J 1~iib'H1b'~! . ~ ~ o •. ~ ~ :r ~ ° 0 ~ ,f ~: ~, ~ ' ~ J ~ Q L -- ------_----~,•~--~~ Q ~ . ~ ~ ~ ~ ~ ~ ~ ~~~ ~ N ~ i ~ (~ t N ~ [Q ~5. ~. bDOC9 ~ ~ Q1 . '~ q . ~ N • n~ V ! ~ • • ~~ Ltj~ ~~ ~ ~ I ~ ~ 4 Q ~ I T~" ~ ~ Q p ' . Q W ' I~ I • ~J,. ~ . ~ ' •~ .q ~ . I ~ . ~ ~ ~ N ~ I I •~ ~ I . . t~. ~ ~ ~ ~ ~ j ~ _ .~ -- . ~ .v Q uo Ne: aQ~ ~ a ~ ~. w Q .•. 4 ~ 1 ~ ,~ •~~? . . • ~ ~. ~~ ~ .~ardwl~o .~ ,~ ~' ~ • ~ c ~ . z ~ i 1~ O V . .9~ n I ~ l V ' OzJ '8 ;.~ . . 0~ ,~ ~ l JJ Q -~~-y ~ . ~. ~ . Y ~. 0 m ~ ~o ~ :~aayS `Z L-0 ~ ~ - 86-L66 ~ `d~ `uaa~ :e~eQ ~adoad 1032 M~1 NOTICE OF EXEMPTION T0: County Clerk Appendix COUNTY 4F KERN 1415 Truxtun Avenue Bakersfield, CA 93301 Project Title: Adding Territory Area 1-16. Palm. Spanks) to the Consolidated Maintenance District. Project Location-Specific: qen_ erally bounded by Palm Avenue on the north, a (line 114 mile east of Jewetta Avenue on the east a line 114 mile south of PalmAvenue on the south and a line 660 feet east_ of Jewetta Avenue on the west. Project Location-City: Bakersfield Project Location-County: Kern Description of Project: Maintenance of public street and median landscaping improvements. Name of Public Agency Approving Project: CITY OF BAKERSFIELD Name of Person or Agency Carrying Out Project: DEPARTMENT OF PUBLIC UVORKS Exempt Status: (Check One) _ Ministerial (Sec. 21080 (b} (1 };15268 (a}; Declared Emergency (Sec. 21080 (b) (4};15269 (b) (c}; _ Emer ency Project (Sec. 21080 (b) (4};15269 (b} (c}; 9 x Categorical Exemption. State type and section number. Section 15305~f~__ _ Statutory Exemptions. State code number. Reasons why project is exempt: Minor alteration in land use limitations with addition~of territory to an existing Maintenance District. CEQA guideline. City of Bakersfield Resolution No. 212-92. Lead Agency Contact Person: Marian Shaw Area CodelTelephonelExtension:~8051326-3579 If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a Notic of xemption been filed by the public agency approving the project? Yes x No Si nature: Date: ~ ' 9 Title: x Signed by Lead Age y Date received for filing at OPR: x Signed by Applicant BAKE O~,~OORPORgT~ ~~~ r U C7 ~'~AR tt ,~ ~`~LIFOR~~~ ADMINISTRATIVE REPORT ~.~ . fi.. .• MEETING DATE: October 7,1998 AGENDA SECTION: Consent Calendar ITEM: T0: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: September 23,1998 CITY MANAGER SUBJECT: Resolution of Intention No. 1179 declaring the City's intention to add territory (Area 1-16, Palm, Spanke) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 4) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: A written request has been received by the City Engineer from the subdivider of Tract 5684 Phases I & II to form a maintenance district or to be included into an existing maintenance district as required by section 13.04.021 of the Municipal Code. This district will provide for the maintenance of public street landscaping: ~' Staff recommends the addition of territory (Area 1-16, Palm, Spanke) generally bounded by Palm Avenue on the north, a line 114 mile east of Jewetta Avenue on the east, a line 114 mile south of Palm Avenue on the south and aline 660 feet east of Jewetta Avenue on the west, to the Consolidated Maintenance District. This area will be under the street and median zone of benefit and when street landscaping has been installed, assessed an amount for "Tier 1 ". Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City Council meeting. The City of Bakersfield has received a letter from the owners of the property described in Tract 5684 Phases I & II which waives all hearings required by the Brown Act and Chapter 13.04 of the Bakersfield Municipal Cole as well as all Proposition 218 rights. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the Tract Maps. A copy of this covenant is attached for reference. S:1ProjIMDlAdminIMD1-16ri APPRCfVED DEPARTMENT HEAD CITY ATTORNEY September 29, 1998,11:19AM BA K~~, 4~ ~~ca~raR,,rfp S~ U G ~" C1 ~~ARY lL~ 9LIFQR~11 ADMINISTRATIVE REPORT r. '~ J~,,,: A i''"~ 1, ~ ~~°~ t~ _.,....._- ~~~ ~ ~ D r "' t, ,k r'' c r r ~' ,a,,,Y,...._ MEETING DATE: October 7,1998 AGENDA SECTION: Consent Calendar 5 ITEM: T0: Honorable Mayor and City Council FROM: ~ Raul M. Rojas, Public Works Director DATE: September 23,1998 APPROVED DEPARTMENT HEAD ~ I~~- CITY ATTORNEY CITY MANAGER SUBJECT: Resolution of Intention No. 1179 declaring the City's intention to add territory (Area 1-16, Palm, Spanke} to the Consolidated .Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 4} RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: A written request has been received by the City Engineer from the subdivider of Tract 5684 Phases I & 1l to form a maintenance district or to be included into an existing maintenance district as required by .section 13.04.021 of the Municipal Code. This district will provide for the maintenance of public street landscaping. Staff recommends the addition of territory (Area 1-16, Palm, Spanke}generally bounded by Palm Avenue on the north, a line 114 mile east of Jewetta Avenue on the east, a Line 114 mile south of Palm Avenue on the south and a line 660 feet east of Jewetta Avenue on the west, to the Consolidated Maintenance District. This area will be under the street and median zone of benefit and when street landscaping has been installed, assessed an amount for "Tier 1". Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City Council meeting. The City of Bakersfield has received a letter from the owners of the property describedMin~~Tr~ct 5684 Phases ! & II whicf~ waives the public hearing concerning the formation of and assessments for a maintenan district. This allows th~~~C~ty to expedite the maintenance district process, to satisfy the _subd.usi.on~.,req.ui~rement. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdividerldeveloper to be recorded with the Tract Maps. A copy of this covenant is attached for reference. S:1ProjIMDlAdminlMD1-16n September 22,1998, 3:35PM RESOLUTION OF INTENTION N0.1179 A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, (AREA 1-16, PALM, SPANKE), TO THE CONSOLIDATED MAINTENANCE DISTRICT, PRELIMINARILY ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT, THE BOUNDARIES OF THE ADDITION, THE FAIRNESS OF THE BENEFIT FORMULA, AND THE AMOUNT OF ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL. WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield provides for an alternative procedure by which the City Council may provide for-the payment of the whole or any part of the costs and expenses of maintaining and operating any public improvements which are local in nature, from annual benefit assessments apportioned among the several lots or parcels of property within the maintenance district established therefor; and WHEREAS, the property owner(s) has requested the City Council to establish a .maintenance district in accordance with the procedures established therefor by Chapter 13.04 of Title 13 of .the Municipal Code of the City of Bakersfield and the Public Works Director recommends addition of territory to the Consolidated Maintenance District; and WHEREAS, it is the- intention of the City Council of the City of Bakersfield to add territory (Area 1-16, Palm, Spanke) to the Consolidated Maintenance District, said area is generally described in Exhibit "A" attached hereto, to maintain and operate the local improvements including public street landscaping; and WHEREAS, the Public Works Director has on this date filed with the Clerk of said Council his Report, attached hereto and incorporated herein by reference as Exhibit "1", containing the following: (a) a description of the boundary of the additional territory, attached hereto as Exhibit "A"and incorporated as though fully set forth; (b) the improvements to be maintained by this addition specifically are various items included within the boundaries as shown on Map and Assessment Diagram, Exhibit "B," on file in the offices of the City Clerk and Public Works Director of the City; (c) the Benefit Formula set forth as Exhibit "C"; -1- I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on by the following vote: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED BOB PRICE MAYOR of the City of Bakersfield APPROVED as to form: ~~ ., ~ ;, '`~"~ ROBERT M. SHERFY ACTING CITY ATTORNEY of the City of Bakersfield S;IPROJECTSIMAINDISTIROIIMD1-16ri Attachments: Exhibit "1" Exhibit "C" Exhibit "A" Exhibit "D" Exhibit "B" Exhibit "E" -3- For many years, public parks, public street median and other public street landscaping improvements in the City were maintained through traditional tax revenues. After Proposition 13, in 1978, funds available for maintenance and o eration of arks p p , street median and other street landscaping improvements were substantially reduced. At present, the City's budget does not allow for maintenance and o eration of street p landscaping improvements of the type described above. Thus, without funds for maintenance and operating costs from a source other than general tax revenues, the City does not permit new public parks, street median and other street landscapin g improvements to be constructed within the City. Additional territory (Area 1-16, Palm, Spanke} is being added to the Consolidated Maintenance District for the maintenance of public street median and other street landscaping. The area. will be assigned an appropriate tier in the Consolidated Maintenance District so that each parcel will be assessed the same amount as other parcels receiving a similar benefit. All parcels within this area will have a zero assessment for the 1998-99 fiscal year as shown in Exhibit "E". When landscape improvements have been completed, it is expected to be placed in street tier 1. The estimated maximum cost for residential development is $100.00 per Equivalent Dwelling Unit based on full buildout of the benefit area at existing zoning, using 1998 dollars and 1998 Parks Department maintenance and overhead costs. The area will consist of Residential use, thus all parcels within the area will be affected. Sensory benefits from installing street landscaping are aesthetic enhancement and open space enjoyment. Public median and street landscaping will benefit all the lots or parcels and will be assessed on an Equivalent Dwelling Unit basis throughout the area. The Benefit Formula is set forth herein as Exhibit "C" and attached hereto and incorporated in this resolution as though fully set forth herein. -2- LEGAL DESCRIPTION Area 1-lb A parcel of land situated in the City of Bakersfield, County of Kern, State of California, being a portion of Section 30, T 29 S, R 27 E, M. D. B. ~ M., and more particularly described as follows: Commencing at the west quarter corner of said Section 30, said point also being the intersection of centerlines of Jewetta Avenue and Palm Avenue; THENCE (1) South 89 ° 10' S7" East, along the mid section line of said Section 3 0 and centerline of Palm Avenue, a distance of 656.26 feet, to the TRUE POINT OF BEGIr~`1ING; THENCE (2) Continuing South 89 ° 10' S 7" East, along said mid .section line and centerline, a distance of 456.26 feet; ~ . THENCE (3) South 00° 52' 02" West, a distance of 1320.64 feet; THENCE (4) North 89° 08' S6" West, a distance of 655.54 feet; THENCE (5) North 00° 50' 11" East, a distance of 1320.25 feet, to intersect the mid section line of said Section 30 and the TRUE POINT OF BEGINNING. EXHIBIT "A" SIPROJIMDILEGALSILegal l -16 CONSOLIDATED MAINTENANCE DISTRICT CITY OF BAKERSFiELD BENEFIT FORMULA Each parcel in the Street Landscaping Zone of Benefit shall be assessed the amount as defined in (1) below: Each parcel in the Park Zone of Benefit shall be assessed the amount as defined in (2) below: Each parcel in the Street and Park Zone of Benefit shall be assessed the sum of the amounts as defined in (1) and (2) below: (1) shall equal the dollar amount budgeted for the maintenance and operation of the STREET LANDSCAPING (S) within the district, adjusted for prior year fund, balance or deficit; Multiplied by (a}: The numberof Equivalent Dwelling Units (EDU's) forthe parcel, and; Multiplied by (t): The factor for the tier level, which equals the street tier number, and; Divided by (b): The total numberof street EDU's in the .district. (1) = Sxaxt . b NOTE: Undeveloped residential and commercial parcels with no existing adjacent median or street landscaping shall be assessed one-half the number of EDU's for that parcel. Undeveloped industrial parcels with no existing adjacent median or street landscaping shall be assessed one-fourth the numberof EDU's for that parcel. In the Berkshire area (3-06) and the Hosking, South H area (5-03), only subdivided parcels will be assessed for street landscaping. (2) shall be the dollar amount budgeted for the maintenance and operation of the PARKS (P) within the district, adjusted for prior year fund balance or deficit; Multiplied by (a): The numberof EDU's for the parcel, and; Multiplied by (t}: The factor for the tier level, which equals the park tier number, and; Divided by (b): The total numberof park EDU's in the district. (2) = Pxaxt b EXHIBIT "C" Page 1 of 4 i EDU EXCEPTIONS Several exceptions have been made to the base EDU rates in the areas listed below due to commitments made at the time of formation of the original districts. USE Polo Grounds Undeveloped R-1 zoned 5 acres or more. Parkside Village Single Family Dwelling Unit (Vineyard) Multi-Family Dwelling Unit (Shores) Multi-Family Dwelling Unit (Edgewater, Brookhaven, Springs) Non Residential (Castle & Cooke} Non Residential (Parkside Partners) Brimhall & Verdugo Seven yaks. North & South Undeveloped R-1 zoned 5 acres or more California Avenue Non Residential EDU REMARKS 3.28/acre Rounded down to the nearest whole number. (Per condition of Annexation) 1.0 0.86/unit 0.581unit 24.26 7.56 3/acre 1.0 Per parcel plus 0.9 EDU's per 100 feet of California Ave. frontage EXHIBIT '°C°° Page 3 of 4 EXHIBIT "D" MAINTENANCE DISTRICT AREA 1-16 Said assessment is made in accordance with the benefit formula attached hereto 1998 -1999 BUDGET Gross Budget Amount Required $0.00 (City Staff Services or Contract, Supplies, Materials and Utilities) Estimated Beginning Fund Balance/(Deficit) .$0.00 Less: City Contributions $0.00 NET AMOUNT TO BE ASSESSED $0.00 S:IPROJECTSIMAINDISTIEXHIBITDIMDI.I6D.WB2 EXHIBST ''D" Recording requested by and for the benefit of the City of Bakersfield. When recorded mail to: City of Bakersfield City Clerk's Office 1501 Truxtun Avenue Bakersfield, CA 93301 THIS SPACE FOR RECORDER' S USE ONLY Tract No. 5684 Phase 1 Lot Nos. 1_ through 18 COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT THIS COVENANT is executed on this day of ,199, by Carriage Homes, a California Corooration. (hereinafter, "Owner"), in connection with the Consolidated Maintenance District, located in the City of Bakersfteld, California. The real property herein described is located within Street Tier 1 of the Consolidated Maintenance District, and may be assessed for maintenance of public landscaping on public rights-of way within the district. Although this property may have been assessed a lesser amount in the present tax year, the ultimate estimated annual assessment for .maintenance of public .landscaping based on full buildout of this district, is $100.00 per single family dwelling, based on 1998 dollars and -labor costs of the district. This covenant may not be amended or modifted without. the prior approval of the City of Bakersfield, This covenant shall run with the land. Dated this day of 199 Owner(s)/Developer(s): City of Bakersfield: Carriage Homes a California Corporation Raul M. Rojas Public Works Director NOTE: All owner(s)/developer(s) signatures must be notarized. S:IPROJIMDICOVIST RESOLUTION OF INTENTION N0.1179 A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, (AREA 1-16, PALM, SPANKE), TO THE CONSOLIDATED MAINTENANCE DISTRICT, PRELIMINARILY ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT, THE BOUNDARIES OF THE ADDITION, THE FAIRNESS OF THE BENEFIT FORMULA, AND THE AMOUNT OF ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL. WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield provides for an alternative procedure by which the City Council may provide for the payment of the whole or any part of the costs and expenses of maintaining and operating any public improvements which are local in nature, from annual benefit assessments apportioned among the several lots or parcels of property within the maintenance district established therefor; and WHEREAS, the property owners}has requested the City Council to establish a maintenance district in accordance with the procedures established therefor by Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield and the Public Works Director recommends addition of territory to the Consolidated Maintenance District; and WHEREAS, it is the intention of the City Council of the City of Bakersfield to add territory (Area 1-16, Palm, Spanke) to the Consolidated Maintenance District, said area is generally described in Exhibit "A" attached hereto, to maintain and operate the local improvements including public street landscaping; and WHEREAS, the Public Works Director has on this date filed with the Clerk of said Council his Report, attached hereto and incorporated herein by reference as Exhibit "1 ", containing the following: (a) a description of the boundary of the additional territory, attached hereto as Exhibit "A"and incorporated as though fully set forth; (b) the improvements to be maintained by this addition specifically are various items included within the boundaries as shown on Map and Assessment Diagram, Exhibit "B," on file in the offices of the City Clerk and Public Works Director of the City; (c) the Benefit Formula set forth as Exhibit "C"; -1- ,t (d) a Budget, Exhibit "D," containing the matters specified in Section 13.04.130 of the Bakersfield Municipal Code; and (e) the amount of assessment to be levied against each parcel, attached hereto as Exhibit "E"and incorporated as though fully set forth; and WHEREAS, the City of Bakersfield has received a letter from the owners of the property described in Tract 5684, Phases I & II which waives any and all hearings (whether pursuant to the Brown Act, Proposition 218, its enabling legislation, the Bakersfield Municipal Code, or any other law) concerning the formation of and assessments for inclusion in the Consolidated Maintenance District. The owners also waive all rights under Proposition 218 to formally vote on the assessments and indicated their consent to the assessments. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield, State of California, as follows: 1. The foregoing recitals are true and correct and are incorporated herein. 2. The City Council hereby preliminarily adopts and approves the Public Works Director's Report and declares that the territory within the boundaries so specified and described is the area (Area 1-16, Palm, Spanked benefitting from said local improvements; that the expense of maintaining and operating said improvements is hereby made assessable upon said area; and that the exterior boundaries thereof are hereby specified and described to be as shown on that certain map now on file in the Office of the City Clerk of the City of Bakersfield and in the Office of the Public Works Director, marked Exhibit "B", attached hereto and incorporated in this resolution as though fully set forth herein, entitled "Map and Assessment Diagram for Addition of Territory (Area 1-16, Palm, Spanke) to the Consolidated Maintenance District, Bakersfield, California" for Fiscal Year 1998-99, which map indicates by a boundary line the extent of the territory to be added to the Consolidated Maintenance District and shall govern for all details as to the extent of the addition. 3. Each parcel identified in Exhibit "E" is included in the Street Tier 1 zone of benefit and is assessed an amount not to exceed $100.00 per equivalent dwelling unit per year. -2- City of Bakersfield PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY (Area 1-16, Palm, Spanke) Fiscal Year 1998-99 WHEREAS, on WEDNESDAY, OCTOBER 7,1998, the Council of the City of Bakersfield adopted its Resolution of Intention No. 1119 to add territory to the Consolidated Maintenance District pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, and referred said proposal to the Public Works Director, directing him to make and file a Report; and WHEREAS, the Public Works Director filed with the City Clerk of the Council his report, in writing, which Report is as follows: Public Works Director's Report Addition of territory (Area 1-16, Palm, Spanke) to the Consolidated Maintenance District is generally described as an area bounded by Palm Avenue on the north, a line 1l4 mile east of Jewetta Avenue on the east, a line 114 mile south of Palm Avenue on the south and a line .660 feet east of Jewetta Avenue on the west and asp, specifically shown on Map and Assessment Diagram marked Exhibit "B," attached hereto and incorporated herein by reference as though fully set forth, as an area within the City of Bakersfield. Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the .City of Bakersfield, referred to as the Maintenance District Procedure, the Public Works Director makes and files this Report and proposed assessment of and upon all parcels of property within the area for the cost of maintaining public street medians and other public street landscaping improvements. The improvements generally include, but are not limited to, plant forms, drainage facilities, irrigation system pipes, conduits, water mains andlor sprinkler systems therefore, sidewalks, walkways, and ornamental planting, including shrubs, ground covers and trees now existing or hereafter to be constructed or planted in and for said area and are of a public nature. The assessment includes the cost of necessary repairs, replacement, water, electricity, care, supervision and any and all other items necessary for the proper maintenance and operation thereof, and all additions and improvements thereto which may hereafter be made. EXHIBIT "1" -1- HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on ~~~ 0 ~ , b the foliowin vote: Y g AYES: CaU~~lL~i~~~ ~ ~, Cam, ~~y, R~ORT,~AI~S;:S~~I:t,~Vt~; .1lA~QIO _....~.. ABSTAIN: ~flUNCl~~~ ~BS~MI'~ C~UNCI~I~~~~R ~ APPROVED OCT ~ ~ 1~ BOB PRICE" ~ \ MAYOR of the City o akersfield APPROVED as to form: ~~ ., ,, ROBERT M. SHERFY ACTING CITY ATTORNEY of the City of Bakersfield ~• CITY CLERK and Ex Officio Cle of the Council of the City of Bakersfiel S:IPROJECTSIMAINDISTIROIIMD1-16ri Attachments: Exhibit "1" Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" -3- For many years, public parks, public street median and other public street landscaping improvements in the City were maintained through traditional tax revenues. After Proposition 13, in 1978, funds available for maintenance and operation of parks, street median and other street landscaping improvements were substantially reduced. At present, the City's budget does not allow for maintenance and operation of street landscaping improvements of the type described above. Thus, without funds for maintenance and operating costs from a source other than general tax revenues, the City does not permit new public parks, street median and other street landscaping improvements to be constructed within the City. Additional territory Area 1-16, Palm, Spanke) is being added to the Consolidated Maintenance District for the maintenance of public street median and other street landscaping. The area will be assigned an appropriate tier in the Consolidated Maintenance District so that each parcel will be assessed the same amount as other parcels receiving a similar benefit. All parcels within this area will have a zero assessment for the 1998-99 fiscal year as shown in Exhibit "E". When landscape improvements have been completed, it is expected to be ,placed in street tier 1. The estimated maximum cost for residential development is .$100.00 per Equivalent Dwelling Unit based on full buildout of the benefit area at existing zoning, using 1998 dollars and 1998 Parks Department maintenance and overhead costs. The area will consist of Residential use, thus all parcels within the area will be affected. Sensory benefits from installing street landscaping are aesthetic enhancement and open space enjoyment. Public median and street landscaping will benefit all the lots or parcels and will be assessed on an Equivalent Dwelling Unit basis throughout the area. The Benefit Formula is set forth herein as Exhibit "C" and attached hereto and incorporated in this resolution as though fully set forth herein. -2- w NOW THEREFORE, I, RAUL M. ROJAS, Director of Public Works of the City of Bakersfield, by virtue of the power vested in me and the order of the Council of said Ci , tY hereby submit the Fiscal Year 1998-99 Budget and Assessment Roll as setforth in Exhibit "D"and Exhibit "E," respectively, attached hereto and incorporated herein as though fully set forth, upon all parcels of property within additional area (Area 1-16, Palm, Spanke} subject to be assessed to pay the cost of maintenance and operation in said area. Dated: ~~ "~Z-~c~ RAU . ROJAS Director of Public Works City of Bakersfield -3- LEGAL DESCRIPTION Area 1-16 A parcel of land situated in the City of Bakersfield, County of Kern, State of California, being a portion of Section 30, T 29 S, R 27 E, M. D. B. & M., and more particularly described as follows: Commencing at the west quarter corner of said Section 30, said point also being the intersection of centerlines of ~ewetta Avenue and Palm Avenue; THENCE (1) South 89 ° 10' S7" East, along the mid section line of said Section 30 and centerline of Palm Avenue, a distance of 656.26 feet, to the TRUE POINT OF BEGINNING; THENCE (2) Continuing South 89 ° 10' S 7" East, along said mid section line and centerline, a distance of 656.26 feet; THENCE (3) South 00° 52' 02" West, a distance of 1320.64 feet; THENCE (4) North 89° 08' S6" West, a distance of 655.54 feet; THENCE (5) North 00° 50' 11" East, a distance of 1320.25 feet, to intersect the mid section line of said Section 30 and the TRUE POINT OF BEGINNING. EXHIBIT "A" SIPROJIMDILEGALSiLegal l -16 MAP AND A33ESSMENT DIAGRAM FOR ADDI110N OF TERRITORY (AREA 1-16, PALM, 3PANKE) TO TFIE CONSOLIDATED MAIM'ENANCE DISTRICT BAKERSFIELD, CALIFORNIA I I I I C.L. JEWETTA AVE. I ~----------------------------- 456.26' S 89' 10' S7' E -k--~ .1 i DAI AA n~ir-nll it 4 s C C C z n N M BIRCHHAVEN~ _~~ ',~ ~- I w' I (~I I _~ I wl ~~ FILED IN THE OFFICE OF THE CITY CLERK THIS DAY OF . 19_ CITY CLERK OF THE CITY OF BAKERSFIELD, CALIFORNIA AN ASSESSMENT WAS LEVIED BY THE CITY COUNCIL ON THE LOTS, PIECES AND PARCELS OF LANG SHOWN ON THIS ASSESSMENT DIAGRAM. SAID ASSESSMENT WAS LEVIED ON THE DAY OF . 19-; SAID ASSESSMENT DIAGRAM AND THE ASSESSMENT ROLL WERE RECORDED IN THE OFFICE OF THE DEPARTMENT OF PUBLIC WORKS OF SAID CITY ON THE DAY OF . 19_ REFERENCE IS MADE TO THE ASSESSMENT ROLL RECORDED IN THE OFFICE OF THE DEPARTMENT OF PUBLIC WORKS FOR THE EXACT AMOUNT OF EACH ASSESSMENT LEVIED AGAINST EACH PARCEL OF LAND SHOWN ON THIS ASSESSMENT DIAGRAM. CITY CLERK OF THE CITY OF BAKERSFIELD, CALIFORNIA NOT TO SCALE -DISTRICT BOUNDARY LABARGER ROAD FILED FOR RECORD THIS DAY OF 19_, AT _ M., IN BOOK OF ASSESSMENT DISTRICTS AT PAGE IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF KERN, STATE OF CALIFORNIA. JAMES W. MAPLES COUNTY ASSESSOR-RECORDER BY CHIEF DEPUTY RECORDER RECORDED IN THE OFFICE OF THE DEPARTMENT OF PUBLIC WORKS THIS DAY OF . 19_ DIRECTOR OF PUBLIC WORKS BAKERSFIELD,. CALIFORNIA EXHIBIT ~B~ fllE: OOOOJOHN SPIFFY 10l I CONSOLIDATED MAINTENANCE DISTRICT CITY OF BAKERSFIELD BENEFIT FORMULA Each parcel in the Street Landscaping Zone of Benefit shall be assessed. the amount as defined in (1) below: Each parcel in the Park Zone of Benefit shall be assessed the amount as defined in (2) below: Each parcel in the Stree# and Park Zone of Benefit shall be assessed the sum of the amounts as defined in (1) and (2) below: (1) shall equal the dollar amount budgeted for the maintenance and operation of the .STREET LANDSCAPING (S) within the district, adjusted for prior year fund balance or deficit; Multiplied by (a): The numberof Equivalent Dwelling Units (EDU's}for the parcel, and; Multiplied by (t}: The factor for the tier level, which equals the street tier number, and; Divided by (b}: The total numberof street EDU's in the district. (1) = Sxaxt b NOTE: Undeveloped residential and commercial parcels with no existing adjacent median or street. landscaping shall be assessed one-half the number of EDU's for that parcel. Undeveloped industrial parcels with no existing adjacent median or street landscaping shall, be assessed one-fourth the numberof EDU's for that parcel. In the Berkshire area (3-06) and the Hosking, South H area (5-03~, only. subdivided parcels will be assessed for street landscaping. (2) shall be the dollar amount budgeted for the maintenance and operation of the PARKS (P) within the district, adjusted for prior year fund balance or deficit; Multiplied by (a): The numberof EDU's for the parcel, and; Multiplied by (t): The factor for the tier level, which equals the park tier number, and; Divided by (b): The total numberof park EDU's in the district. (2J = Pxaxt b EXHIBIT "C" Page 1 of 4 EQUIVALENT DWELLING UNIT (EDU~ CHART Equivalent Dwelling Units (EDU's) shall be calculated by use or potential use per zoning as follows: USE EDU REMARKS Agricultural Zone 1.0 Per parcel Single Family (Detached) 1.0 Per parcel Dwelling Unit, less than 5 acres Undeveloped R-1 zoned 4lacre Rounded down to the 5 acres or more. nearest whole number. Undeveloped R-1 zoned, 1lacre Rounded down to the less than 5 acres. nearest whole number. Multi-Family (Attached) 0.711unit Undeveloped R-2, R-3 0.711unit Number of units shall equal the acreage multiplied by 12 rounded down to the nearest whole number. Non Residential 6lacre Rounded to nearest .01 Mobile Homes in parks 0.711unit (Rent Space) Mobile Homes in 1.OOlunit subdivisions (owner) Mixed Use Each calculated per the above. EXHIBIT "C" Page2of4 EDU EXCEPTIONS Several exceptions have been made to the base EDU rates. in the areas listed below due to commitments made at the time of formation of the original districts. USE EDU REMARKS Polo Grounds Undeveloped R-1 zoned 3.281acre Rounded down to the 5 acres or more. nearest whole number. (Per condition of Annexation} Parkside Village Single Family 1.0 Dwelling Unit (Vineyard) Multi-Family 0.861unit Dwelling Unit (Shores} Multi-Family 0.58lunit Dwelling Unit (Edgewater, Brookhaven, Springs) Non Residential 24.26 (Castle & Cooke) Non Residential. 7.56 (Parkside Partners} Brimhall & Verdugo~ Seven yaks, North & South Undeveloped R-1 zoned 3/acre 5 acres or more California Avenue Non Residential 1.0 Per parcel plus 0.9 EDU's per 100 feet of California Ave. frontage EXHIBIT "C" Page3of4 USE EDU REMARKS Union Avenue Non Residential 3 Per parcel Silvercreek 370-022-04 0.71lunit Shall be charged at R-3 12 unitslAcre rate as per GPA Resolution No. 22-94 Chester Avenue 6lacre Area for each parcel is based 50% on lot area and 50% on building area. S:IPROJIMDIFORMULASIExhC98 EXHIBIT "C" . Page4of4 EXHIBIT "D" MAINTENANCE DISTRICT AREA 1-16 Said assessment is made in accordance with the benefit formula attached hereto 1998 -1999 BUDGET Gross Budget Amount Required $0.00 (City Staff Services or Contract, Supplies, Materials and Utilities) Estimated Beginning Fund Balancel(Deficit~ $0.00 Less: City Contributions $0.00 NET AMOUNT TO BE ASSESSED $0.00 S:IPROJECTSIMAINDISTIEXHIBITDIMDI-16D.WB2 EXHIBIT "D" EXHIBIT"E" ASSESSMENT ROLL MAINTENANCE DISTRICT AREA 1-16 FISCAL YEAR 1998 -1999 Assessment Parcel No. as shown on Map Total Exhibit "B" Assessment 110-120-07-00-8 $0.00 Total $0.00 Date: City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield P:IMAINDISTIEXHIBITEIMDI-16E.WB3 EXHIBIT"E" Page 1 Recording requested by and for the benefit of the City of Bakersfield. when recorded mail to: City of Bakersfield City Clerk's Office 1501 Truxtun Avenue Bakersfield, CA 93301 THIS SPACE FOR RECORDER'S USE ONLY Tract No. 5684 Phase 1 Lot Nos. 1 through 18 COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT THIS COVENANT is executed on this day of ,199_, by Carria~e~ Homes, a California Corporation ; (hereinafter, "Owner"), in connection with the Consolidated Maintenance District, located in the City of Bakersfield, California. The real property herein described is located within Street Tier 1 of the Consolidated Maintenance District, and maybe assessed for maintenance of public landscaping on public rights-of way within the district. Although this property may have been assessed a lesser amount in the present tax year, the ultimate estimated annual assessment for maintenance of public landscaping based on full buildout of this district, is $100.00 per single family dwelling, based on 1998 dollars and labor costs of the district. This covenant may not be amended or modified without the prior approval of the City of Bakersfield, This covenant shall run with the land. Dated this day of ,199 Owner(s)1Developer(s): City of Bakersfield: Carriage Homes a California Corporation Raul M. Rojas Public Works Director NOTE: All owner(s)ldeveloper(s) signatures must be notarized. S:IPROJIMDICOVIST CARRIAGE HOMES P. O. Box 2353 BattEnsF~E~n, Ca. 93303 July 24, ~ 998. City of Bakersfield Public ~vorks~ Department 1 SO1 Truxtun Avenue Bal~ersf~eld; CA 93301 Attn: Marian P. Shaw (805) 837-9581 FAX (805) 837-9584 Regarding: Inclusion. of Tract 5684 Phases- ~ 8~ 2 i~- a-11~aintenanEe~ District Gentlemen: We, theunder-signed, as owne~s~ of Tract- 5684- Phases ~ l~ an~~~2 hereby waive ou~~ right to an~r and all hearings (whether pursuant to the Brown. Act, Propositit~n 218, its enabling legislation, the Bakersfield Municipal Code, or any other law}~conce~ng thg fobnation of and~~assessn~ents for a landscape maintenance district. - { Vie also waive all rights underPropositio~~218~to~ formally vote- foF these assessments- and; by signing this letter, indicate our consent to the above assessments. very t~u~y your. s, G~~L .~~~ I o~.l ~ c~ Wayne aughn Sr. Presid AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ss. County of Kern ) PAMELA A. McCARTHY, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 12t" day of October ,1998 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Resolution of Intention No. 1179 , passed by the Bakersfield City Council at a meeting held on the 7t" day of October, 1998, and entitled: A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 1-16, PALM, SPANKE), TO THE, CONSOLIDATED MAINTENANCE DISTRICT PRELIMINARILY ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT, THE BOUNDARIES OF THE ADDITION, THE FAIRNESS OF THE BENEFIT FORMULA, AND THE AMOUNT OF ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL. Isl PAMELA A. McCARTHY City Clerk of the City of Bakersfield By: DEPUTY City Clerk S:IDOCUMENTIFORMSIAOPOSTINGR0I.WPD October 12,1998 -~ ` ~ a NOTICE OF EXEMPTION `~~~~~~w._____.____~_._,~.__~~~~....~ .~~~.~~~~~ Appendix T0: County Clerk COUNTY OF KERN 1415 Truxtun Avenue Bakersfield, CA 93301 Project Title: Adding Territory f Area 1-16, Palm, Spanke) to the Consolidated Maintenance District. _______ Project Location-Specific: aenerallX bounded by Palm Avenue on the north, a Iline 114 mile east of Jewetta Avenue on the east a line 114 mite south of PalmAvenue on the south and a line 660 feet east of Jewetta Avenue on the west. Project Location-City: Bakersfield Project Location-County: Kern Description of Project: _Maintenance of public street and median landscap ng improvements. Name of Public Agency Approving Project: CITY OF BAKERSFIELD Name of Person or Agency Carrying Out Project: DEPARTMENT OF PUBLIC WORKS Exempt Status: (Check One) _ Ministerial (Sec. 21080 (b) (1 };15268 (a); Declared Emergency (Sec. 21080 (b) (4};15269 (b) (c); _ Emergency Project (Sec. 21080 (b) (4);15269 (b) (c); x Categorical Exemption. State type and section number. Section 15305(f) _ Statutory Exemptions. State code number. Reasons why project is exempt: Minor alteration in land use limitations with addition of territorv to an existing Maintenance District. CEQA guideline, City of Bakersfield Resolution No. 212-92. Lead Agency Contact Person: Marian Shaw Area CodelTelephonelExtension:.~805) 326-3579 If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a Notic of xemption been filed by the public agency approving the project? Yes x No Signature: Date: ~ ' ,. Title: x Signed by Lead Age y Date received for filing at OPR: x Si ned b A licant ~~~~°~ ~ ~~~~~~ `~'~~ ~ ~{ g( ~ Recording requested by and for the benefit of the City of Bakersfield. when recorded mail to: City of Bakersfield City Clerk's Office 1501 Truxtun Avenue Bakersfield, CA 93301 THIS SPACE FOR RECORDER'S USE ONLY Tract No. 5684 Unit 2 Lot Nos. 1 through 18 COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT THIS COVENANT is executed on this day of , 199_, by Carriage Homes. a California Corporation, (hereinafter, "Owner"), in connection with the Consolidated Maintenance District, located in the City of Bakersfield, California. The real property herein described is located within Street Tier 1 of the Consolidated Maintenance District, and maybe assessed for maintenance of public landscaping on public rights-of way within the district. Although this property may have been assessed a lesser amount in the present tax year, the ultimate estimated annual assessment for maintenance of public landscaping based on full buildout of this district, is $100.00 per single family dwelling, based on 1998 dollars and labor costs of the district. This covenant may not be amended or modified without the prior approval of the City of Bakersfield. This covenant shall run with the land. Dated this day of 199 Owner(s)/Developer(s): City of Bakersfield: Carriage Homes, a California Corporation Raul M. Rojas Public Works Director NOTE: All owner(s)/developer(s) signatures must be notarized. S:IPROJIMDICOVIST Recording requested by and for the benefit of the City of Bakersfield. When recorded mail to: City of Bakersfield City Clerk's Office 1501 Truxtun Avenue Bakersfield, CA 93301 THIS SPACE FOR RECORDER'S USE ONLY Tract No. 5684 Phase 1 Lot Nos. 1 through 18 COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT THIS COVENANT is executed on this day of ,199_, by Carriage Homes, a California Corporation, (hereinafter, "Owner"), in connection with the Consolidated Maintenance District, located in the City of Bakersfield, California. The real. property herein described is located within Street Tier 1 of the Consolidated Maintenance District, and maybe assessed for maintenance of public landscaping on public rights-of way within the district. Although this property may have been assessed a lesser amount in the present tax year, the ultimate estimated annual assessment for maintenance of public landscaping based on full buildout of this district, is $100.00 per single family dwelling, based on 1998 dollars and labor costs of the district. This covenant may not be amended or modified without the prior approval of the City of Bakersfield. This covenant shall run with the land. Dated this day of 199 Owner(s)/Developer(s): City of Bakersfield: Carriage Homes a California Corporation Raul M. Rojas Public Works Director NOTE: All owner(s)/developer(s) signatures must be notarized. S:1PR0J1MD1COVIST T0: Lauren Dimberg FROM: Jamie Meszkat DATE: September 22,1998 SUBJECT: Maintenance District Covenant Please prepare a covenant for Tract 5684 Phase 1 There are 18 lots Owner ls: Carriage Homes, a California corporation East of Jewetta and south of Palm p:Pireacess.mem 0~ `~,~B~oaK~~S ~ ~ U ''~~m ~~~ c`~LIFOR~~P ADMINISTRATIVE REPORT MEETING DATE: October 21,1998 AGENDA SECTION: Consent Calendar ITEM: T0: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: October 5,1998 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Resolution adding territory (Area 1-16, Palm, Spanke) to the Consolidated Maintenance. District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (Ward 4) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: A written request has been received by the City Engineer from the subdivider of Tract No. 5684 to form a maintenance district or to be included into an existing maintenance district as required by Secf ion .13:'04.021 of the Municipal Code. This district will provide for the maintenance of public street landscaping. Staff ~~recommends the addition of territory (Area 1-16, Palm, Spanke) generally bounded by Palm Avenue on the north, .,aline 1/4 mile east of Jewetta Avenue on the east, a line 114 mile south of Palm Avenue on the south and a line 660 feet east of Jewetta Avenue on the west to the Consolidated Maintenance District. This area will be under the street and median zone of benefit and when street landscaping has been installed, assessed an amount for "Tier 1" The addition of this territory #o the Consolidated Maintenance District is not prohibited by Proposition 218. The City of Bakersfield has received a letter from the owners of the property described in Tract No. 5684 which waives all hearings required by the Brown Act and Chapter 13.04 of the Bakersfield Municipal Code as well as all Proposition 218 rights. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdividerldeveloper to be recorded with the Tract Map. A copy of this covenant is attached for reference. -- S:IProjIMDlAdminIMD1-1fire October 5,1998,10:18AM RESOLUTION N0. A RESOLUTION ADDING TERRITORY AREA 1-16, Palm, Spanked TO THE CONSOLIDATED MAINTENANCE DISTRICT AND CONFIRMING THE ASSESSMENTS, APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT AND AUTHORIZING COLLECTION OF ASSESSMENTS BY THE KERN COUNTY TAX COLLECTOR. SWARD 6). WHEREAS, the City Council of the City of Bakersfield, State of California, heretofore by Resolution of Intention No. 1180, adopted October 7, 1998, declared its intention to add territory (Area 1-16, Palm, Spanke) to the Consolidated Maintenance District, preliminarily confirmed and approved the Public Works Director's Report, the boundaries of the proposed additional territory, the fairness of the benefit formula and the amount of assessment to be levied against each parcel.. Said additional territory shall be designated Area 1-16, Palm, Spanke, as shown and designated on that certain map entitled Map and Assessment Diagram for Additional Territory (Area 1-16, Palm, Spanke) to the Consolidated Maintenance District, Bakersfield, California, for Fiscal Year 1998-99 on file in the offices of the City Clerk and Public Works Director, City of Bakersfield; and WHEREAS, the Public Works Director duly filed with the City Clerk his Report, including a budget, assessment formula, improvements to be maintained by the district, description of property and proposed assessments; and WHEREAS, the City of Bakersfield has received a letter from the property owner within the additional territory (Area 1-16, Palm, Spanke} which waives all rights to a public hearing and to a protest hearing as required by the Brown Act, Streets and Highway Code, Chapter 13.04 of the Bakersfield Municipal Code and Proposetion 218, its enabling legislation or any other provision of law. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield, as follows: 1. The foregoing recitals are true and correct and incorporated herein by reference. 2. The Council hereby adds territory (Area 1-16, Palm, Spanke) to the Consolidated Maintenance District and confirms and adopts the Public Works Director's Report, (attached hereto as Exhibit 1 and incorporated herin by reference) including the amounts of assessment for each assessed parcel, as set forth in the Public Works Director's Report. 3. Exhibits "A"and "B"attached hereto and incorporated herein by reference describe the additional territory (Area 1-16, Palm, Spanke). HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on by the following vote: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: BOB PRICE MAYOR of the City of Bakersfield APPROVED as to form: ROBERT M. SHERFY ACTING CITY ATTORNEY of the City of Bakersfield Attachments Exhibit "1" Exhibit "A'° Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" SIPROJECTSIMAINDISTIESTABIMD1-16Est For many years, public parks, public street median and other public street landscaping improvements in the City were maintained through traditional tax revenues. After Proposition 13, in 1978, funds available for maintenance and operation of parks, street median and other street landscaping improvements were substantially reduced. At present, the City's budget does not allow for maintenance and operation of street landscaping improvements of the type described above. Thus, without funds for maintenance and operating costs from a source other than general tax revenues, the City does not permit new public parks, street median and other street landscaping improvements to be constructed within the City. Additional territory Area 1-16, Palm, Spanke) is being added to the Consolidated Maintenance District forthe maintenance of public street median and other street landscaping. The area will be assigned, an appropriate tier in the Consolidated Maintenance District so that each parcel will be assessed the same amount as other parcels receiving a similar benefit. All parcels within this area will have an assessment of $22.94 per equivalent dwelling unit for fiscal year 1998-99, but will not be charged, for the 1998-99 fiscal year as shown in Exhibit "E" because landscape .improvements have not yet been installed. When landscape improvements have been completed, street tier 1 assessments will apply. ,::a_ The area will consist of residential use, thus .all parcels within the area will be :~~ _ :- .: affected. Sensory benefits from installing street landscaping are aesthetic enhancement 1._: ,,.~. r~ and open space enjoyment. ~~~~~ . ~ . Public median and street landscaping will benefit all the lots or parcels and will be assessed on an Equivalent Dwelling Unit basis throughout the area. The Benefit .Formula is set forth herein as Exhibit "C" and attached hereto and incorporated in this resolution as though fully set forth herein. NOW THEREFORE, I, RAUL M. ROJAS, Director of Public Works of the City of Bakersfield, by virtue of the power vested in me and the order of the Council of said City, hereby submit the Fiscal Year 1998-99 Budget and Assessment Roll as set forth in Exhibit "D" and Exhibit "E," respectively, attached hereto and incorporated herein as~though fully set forth,: upon all parcels of property within additional area Area 1-16, Palm, Spanke) subject to be assessed to pay the cost of maintenance and operation in said area. Dated: RAU L M. ROJAS Director of Public Works City of Bakersfield MAP AND ASSESSMENT DIAGRAM FOR ADDITION OF TERRRORY (AREA 1-16, PALM, SPANKS) TO THE CONSOLIDATED MAIM'ENANCE DISTRICT BAKERSFIELD, CALIFORNIA I ~] C.L. JEwETTA AVE. ~ M ~ ~o* ro scn~e ~__ _~ BIRCHHAV ~, ~I I WI ('1 of LiN FILED IN THE OFFICE OF THE GTY CLERK THIS DAY OF . 19_ :. E..~..raa~...~...~.~W "_'__ 57' E ~ai~ i•~~s~~3s~cs~~s~asa -~_ . . ter-- PALM AVENUE I 1 15 16 17 18 2 3 LL! p 3 h 14 13 12 11 ^ $ LL. N 4 o~ t9£-O~A~d- EB~R T 5 I 7 8 9 10 6 I 1 ! i 1 5 4 3 2 1 6 -i L~f ~fiR$- g 7 13 14 1g 16 iv N ~ t ,O I I N EN VE U E 's ...._ _ 12 17 N n 10 10 it W tC 9 18 (~ 655.54' N 89. 10' ST W ~~• W g z a W e O N S z GTY CLERK OF .THE CITY OF BAKERSFIELD, CALIFORNIA AN ASSESSMENT WAS LEVIED 8Y THE CITY COUNGL ON THE LOTS, PIECES AND PARCELS ~ LAND SHOWN ON THIS ASSESSMENT DIAGRAM. SA10 ASSESSMENT WAS LEVIED ON THE OAY OF . 19_; SAID ASSESSMENT 01AGRAM AND THE ASSESSMENT ROLL WERE RECORDED IN THE OFFlCE OF THE DEPARTMENT OF PUBLIC WORKS OF SAID GTY ON THE OAY OF . 19_. REFERENCE IS MADE TO THE ASSESSMENT ROLL RECORDED IN THE OFFlCE OF THE DEPARTMENT OF PUBLIC WORKS FOR THE EXACT AMOUNT OF EACH ASSESSMENT LEVIED AGAINST EACH PARCEL OF LAND SHOWN ON THIS ASSESSMENT DIAGRAM. CITY CLERK OF THE GTY OF BAKERSFELD, CALIFORNIA EXHIBR ~B~ ~xE: OOOOJOHN SI+tET t or t FlLED FOR RECORD THIS D.AY OF 19_, AT ,_ M., IN BOOK OF ASSESSMENT DISTRICTS AT PAGE IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF KERN, STATE OF CALIFORNIA. JAMES W. MAPLES COUNTY ASSESSOR-RECORDER BY CHIEF DEPUTY RECORDER RECORDED IN THE OFFICE OF THE DEPARTMENT OF PUBLIC WORKS THIS OAY OF . 19_ DIRECTOR OF PUBLIC WORKS BAKERSFIELD, CALIFORNIA DISTRICT BOUNDARY .'', . , , • LABARGER ROAD EQUIVALENT DWELLING UNIT ~EDU~ CHART Equivalent Dwelling Units (EDU's) shall be calculated by use or potential use per zoning as follows: USE EDU REMARKS Agricultural Zone 1.0 Per parcel Single Family (Detached} 1.0 Per parcel Dwelling Unit, less than 5 acres Undeveloped R-1 zoned 4/acre Rounded down to the 5 acres or more. nearest whole number. Undeveloped R-1 zoned, 1/acre Rounded down to the less than 5 acres. nearest whole number. Multi-Family (Attached) 0.71/unit Undeveloped R-2, R-3 0.71lunit Number of units shall equal the acreage multiplied by 12 rounded down to the nearest whole number. Non Residential 6lacre Rounded to nearest .01 Mobile Homes in parks 0.71 /unit (Rent Space) Mobile Homes in 1.00/unit subdivisions (Owner) Mixed Use Each calculated per the above. EXHIBIT "C" Page 2 of 4 USE EDU REMARKS Union Avenue Non Residential 3 Per parcel Silvercreek 370-022-04 0.711unit Shall be charged at R-3 12 unitslAcre rate as per GPA Resolution No. 22-94 Chester Avenue 6/acre Area for each parcel is based 50% on lot area and 50% on building area. S:IPROJIMDIFORMULAS1ExhC98 EXHIBIT "C" Page 4 of 4 EXHIBIT "E" ASSESSMENT ROLL MAINTENANCE DISTRICT AREA 1-16 FISCAL YEAR 1998 -1999 Assessment Parcel No. as shown on Map Total Exhibit "B" Assessment 110-120-07-00-8 $0.00 Total $0.00 Date: City Clerk and Ex Officio -Clerk of the Council of the City of Bakersfield P:IMAINDISTIEXHIBITEIMDI-16E.WB3 EXHIBIT "E" Page 1 CARRIAGE HOMES P. O. Box2353 BatrsnsFlECn, Ca. 93303 July 24,1998. City of Bakersfield Public V~orl~s Depa.~~nent 1501 Truxtun Avenue Bakersfield; E~4 93301 Attn: Marian P. Shaw (805) 837-9581 FAX (805) 837-9584 Regarding: ~iclusion of Tract 5684 Phases-1 c~ 2 i~ a.11~a~ntenance~ District gentlemen: ~' we, the undersigned, as owners~af Traci 5684-Pha~ser-1~ an~~2 hereby waive ou~~ ri ht-to~ an-1 ar~d all g ~ hearings (whether pursuant to the Brown. Act, Proposition 218, its enablin le 'slatio the ., g ~ ~ Bal~ers~eld Nlun~c~pal Code, of any other law} ~ con~~ng the fo~nation~ of and~~ assessments ~ for a landscape maintenance district. . 'U~e also waive all rights under Propasition~~218-ta~~fo~~ally. vo~e~ for these assessn~ents~ and; b ~ si~ nin Y g.g this letter, indicate our consent to the above assessments. Very tn~ty yours, Gatti ,(,~~I~ . Qf~i~ " Wayne aughn Sr. Presid MAP AND AS3E33MENT DIAGRAM FOR ADDI110N OF IEFIRITORY (AREA 1-16, PALM, SPANKE) TO THE CON30LIDATED MAIM'ENANCE DISTRICT BAKERSFIELD, CALIFORNIA I ~1 C.L. JEWETTA AVE. ~ a.~ sa ~'-_ ----:~ -'_' ----- nor .o scn~c DISTRICT BOUNDARY w b 0 0 z N d' M BIRCHHAVEN~ -~1 ~I I wl I ~ _fY? I wl cal FILED IN THE OFFICE OF THE CITY CLERK THIS DAY OF ., 19_ CITY CLERK OF THE CITY OF BAKERSFIELD, CALIFORNIA AN ASSESSMENT WAS LEVIED BY THE CITY COUNCIL ON THE LOTS, PIECES AND PARCELS OF LAND SHOWN ON THIS ASSESSMENT DIAGRAM. SAID ASSESSMENT WAS LEVIED ON THE DAY OF . 19_.; SAID ASSESSMENT DIAGRAM AND THE ASSESSMENT ROLL WERE RECORDED IN THE OFFICE OF THE DEPARTMENT OF PUBLIC WORKS OF SAID CITY ON THE DAY OF . 19_. REFERENCE IS MADE TO THE ASSESSMENT ROLL RECORDED IN THE OFFICE OF THE DEPARTMENT OF PUBLIC WORKS FOR THE EXACT AMOUNT OF EACH ASSESSMENT LEVIED AGAINST EACH PARCEL OF LAND SHOWN ON THIS ASSESSMENT DIAGRAM. CITY CLERK OF THE CITY OF BAKERSFIELD, CALIFORNIA #€ELABARGER ROAD FILED FOR RECORD THIS DAY OF 19_, AT _.M., IN BOOK OF ASSESSMENT DISTRICTS AT PAGE IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF KERN, STATE OF CALIFORNIA. JAMES W. MAPLES COUNTY ASSESSOR-RECORDER BY CHIEF DEPUTY RECORDER RECORDED IN THE OFFICE OF THE DEPARTMENT OF PUBLIC WORKS THIS DAY OF . 19_. DIRECTOR OF PUBLIC WORKS BAKERSFIELD, CALIFORNIA EXHIBIT 'B~ FILE: OOOOJOHN SHEET 1 of 1